전자상거래법에 따른 철회 효과로서의 계약의 청산

The purpose of this paper is to analyse the legal consequences of consumer’s right of withdrawal. The effects of withdrawal of distance contracts are to be controlled autonomously. Recourse to the right of withdrawal shall be excluded. The consumer has the deadline to withdraw the contract, the consumers and traders are no longer bound to the declarations of intent aimed at the conclusion of the contract. The effective exercise of a consumer protection right of withdrawal results in a refund obligation. The primary obligations as the right to purchase price payment lapse. The resulting refund obligation established secondary obligations of the parties. Because they are obliged to return the received benefits. The consumer is particularly committed to returning the item. A dispatch is not necessary according to when the trader has offered to collect the goods. The trader may withhold the reimbursement until he has received the returned goods. This does not apply when the trader has offered to collect the goods. Where this is not possible, compensation must be paid to the extent that the liability for compensation is not excluded. The trader shall bear the risk of accidental loss of the returned goods when returning the goods as a result of the withdrawal.